Kulwant Singh vs Union Of India & Others

Manoj Kumar Tiwari, J

Petitioner’s land was acquired by National Highway Authority of India for construction of National Highway. The Competent Authority Land

Acquisition / Special Land Acquisition Officer, Udham Singh Nagar determined the amount payable as compensation to the petitioner vide order dated

26.08.2015.

By means of this writ petition, petitioner has sought following relief:-

(i) Issue a order or direction for setting aside the impugned order dated 26.08.2015, so far as it relates to the land and buildings of the petitioner.

(ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to follow the provisions of The Right to Fair Compensation and

Tranparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for acquisition of land for the purpose of National Highway no. 125 in

district â€" U.S. Nagar.

(iii) Issue a writ, order or direction in the nature of mandamus directing the respondents to give the compensation for acquiring land (Gata no. 11) of

the petitioner along with interest as per the provision of The Right to fair Compensation and Transparency in Land Acquisition, Rehabilitation and

Resettlement Act, 2013.

From the relief clause of the writ petition, it is revealed that petitioner has thrown challenge to the order passed by the Competent Authority Land

Acquisition. Under the scheme of the National Highways Act, 1956, petitioner has a Statutory remedy under Section 3G(5) by way of approaching the

Arbitrator.

Since petitioner has the remedy to approach before the Arbitrator, therefore, the relief, as claimed in the writ petition, cannot be granted.

Having regard to the facts and circumstances of the case, the writ petition is disposed of with liberty to the petitioner to approach the Arbitrator,

within two weeks from today. If petitioner approaches the Arbitrator within stipulated time, the Arbitrator shall decide the matter on merits, as early as

possible, but not later than twelve months from the date of production of certified copy of this order.